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Workers facing abuse can obtain an open work permit in Canada.

Workers facing abuse can obtain an open work permit in Canada.

In this post, we aim to shed light on a crucial aspect of Canadian immigration—the Open Work Permit for vulnerable foreign workers. This permit liberates individuals from abusive employers, granting them the freedom to work for any employer within Canada. We’ll delve into who qualifies for this permit, the prerequisites, and what steps follow. Both Canadian employers hiring foreign workers and the foreign workers themselves can glean valuable insights from this information.

Understanding Vulnerable Workers and Abuse

Vulnerable workers are individuals who face abuse or are at risk of encountering abuse in their Canadian workplace. The abuse, according to the Immigration, Refugees, and Citizenship Canada (IRCC), can manifest in various forms, including physical, sexual, financial, or mental abuse. This abuse can involve controlling actions, unsafe working conditions, theft of wages, intimidation, and more.

To qualify for an open work permit, an applicant must be present in Canada, possess a valid closed work permit, and demonstrate that they are facing abuse or are at risk of abuse concerning their job within Canada.

Documenting Abuse: Providing Evidence for the Application

To support their application, an applicant needs to outline the abuse they’ve experienced and attach as much evidence as possible. Examples of evidence include:

  • Official letters, statements, or reports from abuse support organizations, medical professionals, or healthcare providers.
  • Sworn statements or affidavits from the applicant themselves.
  • Copies of official reports submitted to enforcement agencies like the police or Canada Border Services Agency.
  • Proof of complaints filed with provincial government enforcement agencies like employment standards branches.
  • Victim impact statements.
  • Email or text correspondences.
  • Pay stubs or bank statements.
  • Photos depicting injuries or working conditions.
  • Testimonies from witnesses.


Application Process and Considerations

Applying for this open work permit can be done online through the IRCC secure account or the GC key account. IRCC prioritizes these applications and ensures a quick response. If the applicant has dependent family members already in Canada, they can also be included in this application. The application does not entail a government fee, and the work permit is usually issued for a one-year duration. This period allows individuals to seek alternative employment or, if applicable, apply for permanent residency.

A Real-life Example: Navigating the Path to Justice

In a recent case, an employee faced severe monitoring and abuse from their employer. The employee sought help and applied for the open work permit, subsequently undergoing an in-person interview with IRCC in Ottawa. The thorough validation process led to the approval of their application. Additionally, the employer is likely to face an audit, potential bans on hiring foreign workers, and possible fines.

Conclusion: Empowering Vulnerable Workers and Guiding Employers

This blog post serves as a beacon of hope for vulnerable employees, encouraging them to escape abusive work environments. On the other hand, employers are reminded of their obligations and responsibilities towards foreign workers. We’ve attached essential resources, including an employer compliance checklist and a report on employer non-compliance, to ensure a fair and just working environment for all.

For further assistance and guidance, we invite vulnerable employees to schedule a consultation, paving the way to a brighter future. Your journey to a safer and more equitable work environment begins here.
For further assistance and guidance, we invite vulnerable employees to schedule a consultation, paving the way to a brighter future. Your journey to a safer and more equitable work environment begins here.

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